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Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 26-SEP-2025 08:06 AM Dkt. 140 SO NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
STATE OF HAWAI I, Plaintiff-Appellant, v. ANTHONY MORENO, Defendant-Appellee
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CPC-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER (By: Nakasone, Chief Judge, Leonard and Wadsworth, JJ.) Plaintiff-Appellant State of Hawai i (State) appeals
from the August 7, 2023 Findings of Fact, Conclusions of Law, and
Order Granting Motion to Dismiss Indictment for Pre-Indictment
Delay (Dismissal Order) entered by the Circuit Court of the
Second Circuit (Circuit Court).1
In its point(s) of error, the State contends that the
Circuit Court erred in granting Defendant-Appellee Anthony
Moreno's (Moreno's) December 5, 2022 Motion to Dismiss Indictment
for Pre-Indictment Delay (Motion to Dismiss), in which Moreno
alleged that he was prejudiced by the loss of evidence resulting
from the eighteen-year delay in bringing charges against him.
Upon careful review of the record and the briefs
submitted by the parties, and having given due consideration to
1 The Honorable Kirstin M. Hamman presided. NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
the arguments advanced and the issues raised, we resolve the
State's points of error as follows:
On October 27, 2000, Kimberly Belluomini's
(Belluomini's) body was discovered in her second-floor apartment
unit (Apartment) in the Southpointe Condominiums in Kihei, Maui
(Southpointe). After she did not show up for work that morning,
Belluomini's brother, Todd Assmann (Assmann), and a work
colleague of Belluomini's went to the Apartment to look for her.
When they arrived, the deadbolts to the security screen door and
front door of the Apartment were both locked. Assmann used his
set of keys to enter, and he found Belluomini's bedroom door
locked. Assmann kicked the bedroom door in and found Belluomini
deceased under a blanket, with pillows on her head. She was
found lying on her back with a torn blouse, skirt, and bra. Maui
Police Department (MPD) launched an investigation that day to
determine whether Belluomini's death was a homicide. The
investigation was led by Detective Brian Kaya (Kaya), aided by
his supervisor, Lieutenant Glenn Cuomo (Cuomo).
On October 26, 2000, the previous evening, Belluomini
went to Henry's Bar & Grill in Kihei (Henry's). While at
Henry's, Belluomini spoke at length with the bartender, Kyle
Oshita (Oshita), and two other men, Keith Feigum (Feigum) and
Moreno. Several witnesses reported that Belluomini was
intoxicated that evening, and at one point, Oshita cut her off
from drinking. Moreno told the police that he had sex with
Belluomini after leaving Henry's together and going back to her
Apartment. Belluomini also had been drinking wine at her
brother's house earlier that evening. She also had an OBGYN
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procedure earlier that day, which the Circuit Court determined
the State had introduced for the purpose of suggesting that
Belluomini would not have wanted to engage in sexual intercourse
with Moreno that evening.
On November 25, 2019, more than nineteen years after
Belluomini's death, Moreno was indicted on one count of second
degree murder. Moreno was extradited from Florida to Hawai i and
taken into custody on $1 million bail pending trial. In granting
the Motion to Dismiss in 2023, the Circuit Court made findings
and conclusions concerning MPD's investigation, which include,
inter alia, the following.
Henry's Bar Witnesses
Karen Blomker (Blomker) reported to MPD that, on the
evening of October 26, 2000, at Henry's, Belluomini was talkative
and slurring her words. At one point, Belluomini started walking
towards the employee bathroom instead of the public bathroom,
staggered, and nearly fell. Blomker saw Belluomini kiss Feigum,
but she believed Belluomini was more interested in the bartender,
Oshita. In 2023,2 Blomker stated she had little memory of the
events, expressed an unwillingness to cooperate, and lived out of
state in Alaska.
Jodi Svela (Svela) also reported seeing Belluomini
walking towards the employee bathroom rather than the public one,
and she later observed her dancing with Moreno. In 2023, Svela
no longer remembered what Belluomini or Moreno looked like.
2 The date "2023" is used broadly because that is when the hearings took place on the Motion to Dismiss, and to generally indicate the long period of time between the initial investigation after Belluomini's death in 2000, and the state of evidence after Moreno was indicted in November of 2019.
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During the initial investigation, Curtis Steele
(Steele) said that he saw Belluomini struggle to light a
cigarette until Moreno helped her; he is now deceased. James
Hueu (Hueu) reported that Belluomini and Moreno appeared to be
having a good time together and she did not appear to be bothered
by Moreno. Hueu no longer remembers the evening.
David Sarandria (Sarandria), the owner of Henry's,
observed that Belluomini was acting out of character that night,
and that she might have been under the influence of something.
He had known Belluomini for six years and had never seen her "so
messed up." In 2023, Moreno attempted to locate Sarandria and
requested assistance from the State. The State's investigator
testified that Sarandria resides in Arizona.
During the initial investigation, Feigum reported that
both he and Moreno were trying to take Belluomini home that
night, that an off-duty bartender (Hancock) arranged a cab for
Belluomini, that Moreno got into the cab first, and Belluomini
got in after him. Feigum asked Belluomini something to the
effect of "you sure you want to go with this guy," meaning
Moreno, and she responded "well, yeah. It'll be all right
[sic]." Feigum has passed away.
The cab driver, Robert Lewis (Lewis), reported that he
was parked outside of Henry's at around 10:00 p.m., on October
26, 2000, and shortly afterwards, he observed Moreno kissing
Belluomini while Hancock was speaking to her outside of Henry's.
Hancock gave Belluomini's keys to Lewis and told him to give them
back to her only after they got to her Apartment. Moreno told
Lewis, "I'm gonna ride with you, but I want you to bring me
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back." Before leaving the parking lot, Moreno told Lewis to stop
so he could get some beer out of his car. After retrieving a
cooler from a vehicle, Moreno got back in the cab and Lewis
exited the parking area. Belluomini and Moreno talked to each
other during the ride, but Lewis could not recall what they said.
After they arrived at Southpointe, Moreno exited the cab and
Belluomini leaned forward between the two front seats and
whispered to Lewis, "Don't leave me." Lewis believed Belluomini
was joking and helped her out of the cab. After Moreno exited
the cab, he told Lewis to wait for him and that he wanted to be
picked up at 6:00 a.m. Lewis declined Moreno's requests. Lewis
believed Moreno and Belluomini were both intoxicated, and he
observed that Belluomini was unsteady on her feet, Moreno's
speech was slurred, and it was raining heavily that night. Lewis
has since died.
Southpointe Witnesses
Julie Morioka and her husband Danny Morioka (Danny)
shared a wall with Belluomini's Apartment. Neither of them heard
anything suspicious the night of October 26, 2000. During the
initial investigation, Danny stated that he was awake until 1:00
a.m., putting together an entertainment set. In 2023, neither
Moreno nor the State was able to locate the Moriokas.
Edmund Engel and Jodee Engel (the Engels) were
Belluomini's downstairs neighbors. Edmund heard a toilet flush
in Belluomini's apartment around 1:00 a.m., and again at 3:00
a.m., followed by the sound of bath water flowing. Edmund did
not hear any yelling, screaming, or fighting coming from the
Apartment. After the Circuit Court held the first hearing on the
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Motion to Dismiss, the State obtained a local address contact
information for Mr. Engel using a police-only subscription
service. Moreno was unable to locate the Engels, but believed
Ms. Engel resided in Oregon.
Glory Boteilho lived in an adjacent building and was
home all evening from 5:00 p.m., until 7:00 a.m. the following
morning. During the initial investigation, she said that she did
not hear or see anything unusual. Neither Moreno nor the State
was able to locate her in 2023.
Eliezer Alcain (Alcain) lived in an adjacent building
and was home all evening from 9:30 p.m., until 4:30 a.m. the
following morning. Alcain saw nothing suspicious, and his dog
did not bark throughout the night or make any unusual
disturbances. Neither Moreno nor the State were able to locate
Alcain in 2023.
Kelly Lopes (Lopes) reported he was sitting on his
outside balcony from midnight until 2:00 a.m.; Lopes's balcony
faced the parking lot near Belluomini's building. Lopes did not
hear or see anything strange or unusual in the parking lot or
near Belluomini's building; he has since had a stroke and no
longer has memory of the night in question.
Susan Martin (Martin) was on her lanai between 10:00
p.m., and 10:45 p.m. to watch the rain; she did not see anything
out of the ordinary. Neither Moreno nor the State was able to
locate her in 2023.
Moreno's Written Statement:
Cuomo and Kaya interviewed Moreno on or about
November 3, 2000, one week after Belluomini's death. Moreno gave
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a written statement that he met Belluomini that night, they
eventually went back to her Apartment, engaged in consensual sex,
showered, and that he left an uninjured Belluomini shortly after.
Moreno reported that he walked from the Apartment to the beach to
finish the beers that he had in his cooler, after which he walked
back to Henry's to retrieve his truck.
Forensic Evidence
On October 28, 2000, Dr. Anthony Manoukian (Dr.
Manoukian), medical examiner and forensic pathologist for Maui
County, performed an autopsy on Belluomini. He reported two
lacerations to Belluomini's scalp, one above her forehead and one
above her ear. Her skull was not fractured. She died as the
result of a brain hemorrhage at the base of the skull. Though
Kaya's investigative report states that Belluomini had a
fractured right wrist, Dr. Manoukian's autopsy report does not
indicate a wrist fracture, nor does it indicate the volume of
blood remaining in her body. Dr. Manoukian concluded
Belluomini's manner of death was homicide. Dr. Manoukian
collected DNA swabs from Belluomini's mouth and vagina, but he
did not document the procedure used. At a Circuit Court hearing
concerning the admissibility of DNA evidence, the State called
Former MPD Crime Scene Technician, Vincent Souki (Souki), who
testified that Dr. Manoukian did not properly handle the DNA
evidence and never submitted them for processing. Souki
testified that, of the close to a thousand autopsies he attended
as a crime scene technician, he never observed another medical
examiner divert from normal procedure in the way Dr. Manoukian
did. Dr. Manoukian's report indicated the presence of a reddish
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dye in Belluomini's hair. Kaya testified at the hearing on the
Motion to Dismiss that he later spoke to Dr. Manoukian who told
him that the red substance was blood, not hair dye, contrary to
his report. The Circuit Court found Kaya's 2001 report more
credible than his 2023 in-court testimony, and that factual
questions exist about whether Belluomini had hair dye or blood in
her hair. The autopsy also includes a neuropathological
consultation by Dr. John Hardman (Dr. Hardman) – also deceased in
2023 – and a toxicology report by Dr. Clifford Wong (Dr. Wong),
which indicated Belluomini's blood alcohol content (BAC) at the
time of death was 0.187. Dr. Hardman did not opine on a manner
of death, but he noted that intoxication and barbiturate levels
in Belluomini's blood were likely contributory, and that
asphyxiation cannot be ruled out as a cause of death. Dr.
Manoukian's report omits reference to asphyxiation as a possible
cause of death. Because Dr. Manoukian had passed away, the State
had forensic pathologist Dr. Rachel Lange (Dr. Lange) review Dr.
Manoukian's original report and the case file in 2019. Based on
Dr. Manoukian's report, Dr. Lange concluded the manner of death
was homicide.
In May 2001, Cuomo contacted Dr. Michael Baden (Dr.
Baden), a forensic pathologist associated with New York State
Police Crime Lab. Cuomo apparently also contacted Dr. Henry Lee
(Dr. Lee) to review the case photos. As a basis for the
supplemental medical consultation, Cuomo wrote in his report: "I
was concerned because the brain injury was on the opposite side
of the external injury." Dr. Baden believed Belluomini's brain
injury was a contra-coup injury, meaning that the internal injury
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occurred on the opposite side of the external injury, which is
much more consistent with a fall (a head in motion striking a
stationary object) than it is with an object striking the head.
Dr. Baden opined, based on the materials reviewed, that the
manner of death is undetermined. Dr. Lee opined that, based on
the crime scene photographs, it did not appear Belluomini's
injuries were sustained within the Apartment. Dr. Lee is
reportedly retired and there are no findings regarding Dr.
Baden's availability to testify. However, Cuomo is dead. Kaya
stated he did not know why Cuomo felt he needed a second opinion
as to the manner of death.
Disposition of the Investigation
Kaya's 2001 report closes with the statement: "the
manner of death is undeterminable, with the two most likely
scenarios being either an accidental fall or an intentional act
of some kind as in the case of being shoved." At a hearing on
the Motion to Dismiss, Kaya testified his conclusion was
incorrect and should have reflected the manner of death as
homicide, consistent with Dr. Manoukian's report. The Circuit
Court found Kaya's 2001 report more credible than his 2023
testimony. Kaya's report further stated that an examination of
the Apartment, including Belluomini's bedroom, "did not yield a
location from which her injuries may have occurred." It also
stated that "the case has been sent to the Department of the
Prosecuting Attorney for review." At a hearing on a motion to
suppress, Kaya testified he submitted his report to the
prosecutor's office in September of 2001.
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Further Post-Investigation Facts
Aside from meeting with Belluomini's son Steven Bruner
(Bruner) in 2007, the MPD undertook no further investigation into
Belluomini's death after 2001. In 2017, Souki, who was getting
ready to retire, informed MPD Lieutenant Nelson Hamilton
(Hamilton) about the prior investigation into Belluomini's death.
After reviewing the case files, Hamilton indicated he believed
the case was solvable, that it was ready to go to trial, and that
Moreno was a "clear suspect." Hamilton presented the materials
to the prosecutor's office. The DNA swabs that Dr. Manoukian
took of Belluomini's body were recovered from "the old morgue"
and sent for testing, which yielded a positive match for Moreno.
Hamilton indicated he expected the DNA to match Moreno because
Moreno informed MPD he had consensual sex with Belluomini on the
night of October 26, 2000. Aside from Dr. Lange's 2022 opinion,
which was based in large part on Dr. Manoukian's report, no other
evidence was presented to the grand jury that could not have been
presented eighteen years prior.
Circuit Court's Disposition of the Motion to Dismiss
At a hearing on the Motion to Dismiss, Kaya testified,
inter alia, as follows.
Kaya had never previously consulted with another
medical examiner besides the one who performed the autopsy, but
for some reason his supervisor Cuomo decided he needed to. When
asked about the bedroom door being found locked, Belluomini's son
Bruner had said that his mother habitually locked her bedroom
door. There was no visible damage or disturbance to the
Apartment and no presence of blood, but there was soil on the
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carpet. Belluomini's house keys were in her Apartment, and some
of her former long-term boyfriends "may have been in possession"
of copies of the keys, including former boyfriend David Boteilho
(David). David had told Kaya that he took a call from Belluomini
early the morning of October 27, 2000, shortly after midnight,
and Belluomini said she thought there was someone outside
possibly trying to gain entrance into her Apartment. David told
her to call the police. Levi Boteilho, David's son, said he also
received a phone call from Belluomini two hours later. Thus,
Kaya concluded Belluomini was still alive at 3:00 a.m., on
October 27, 2000. Kaya received information that Belluomini was
afraid of "another former boyfriend," Dennis Henderson
(Henderson). Kaya "received[] information that," some days
prior, Henderson was at Belluomini's house at 2:00 a.m., and she
asked him to leave because another male was about to come over
and she did not "want any issues."
During MPD questioning, Moreno stated that he went to
Belluomini's apartment after they left Henry's, they had
consensual vaginal and anal sex, Belluomini defecated herself
during the anal sex, Moreno obtained towels so that they could
both clean themselves off, and Moreno placed a towel between
Belluomini's legs. Moreno initially stated that he and
Belluomini showered together, but later said he was the only one
who showered. Moreno's written statement stated that he walked
to the beach to "finish [his] beers, 3 or 4," but it is unclear
as to whether he meant three or four beers, or three or four
o'clock in the morning.
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In granting the Motion to Dismiss, the Circuit Court
concluded, inter alia, as follows.
There was an eighteen-year lapse in time between
investigation and indictment. The investigatory work from 2017
to 2019 uncovered no new evidence. Because of the delay, several
witnesses critical to the defense died, and several more cannot
be located despite Moreno's good faith efforts. Among other
things, Moreno is unable to ask Cuomo why he sought a second
opinion as to the cause of death. Cuomo's testimony may have
helped support Moreno's theory of an accidental fall or that
Belluomini was killed by someone else, outside of her Apartment.
Moreno could not question Cuomo as to the reason for the delay in
prosecution or as to the differences between Moreno's written
statement and oral statement, as alleged by Kaya. Moreno is
unable to question Dr. Manoukian about: the "unorthodox" DNA
swabbing procedure he employed; Dr. Hardman's conclusion that
asphyxiation cannot be ruled out; Dr. Baden's opinion that the
likely cause of death was a fall; why Belluomini's wrist fracture
was missing from his report; why he purportedly told Kaya the
presence of red hair dye in the report was a mistake; and why he
did not measure the level of blood in Belluomini's body, which
may support a theory that she was injured outside of the
Apartment. Moreno cannot question Lewis about whether it was
raining that night, about Belluomini's level of intoxication, or
whether she was acting consistently with someone desirous of
engaging in sexual intercourse. Lewis's statement about Moreno
getting his cooler from his car may tend to corroborate Moreno's
account to MPD that he left the Apartment early enough to go to
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the beach to finish his beers. Moreno cannot question Feigum
about how Belluomini was acting, her level of intoxication, and
that she said she wanted to go home with Moreno. Evidence from
Belluomini's neighbors that nothing unusual was observed or heard
that night would support Dr. Baden's opinion that she died from a
fall rather than from being struck, which in turn supports
Moreno's theory of an accidental death. Finally, the State
provided no justification for the delay.
The State timely appealed the Dismissal Order.
In State v. Higa, 102 Hawai i 183, 186-87, 74 P.3d 6,
9-10 (2003), the supreme court articulated the standard of review
for an appeal from an order granting a motion to dismiss for pre-
indictment delay as follows: In reviewing a constitutional due process claim of prejudice engendered by preindictment delay, the due process inquiry must consider the reasons for the delay in prosecution as well as the prejudice to the accused. Therefore, a balancing approach is applied, weighing the substantial prejudice to the defendant's right to a fair trial against the reasons for the delay.
We review a circuit court's findings of fact in a pretrial ruling according to the following standard: Appellate review of factual determinations made by the trial court deciding pretrial motions in a criminal case is governed by the clearly erroneous standard. A finding of fact is clearly erroneous when (1) the record lacks substantial evidence to support the finding, or (2) despite substantial evidence in support of the finding, the appellate court is nonetheless left with a definite and firm conviction that a mistake has been made. The circuit court's conclusions of law are reviewed under the right/wrong standard.
(cleaned up). "[A] COL that presents mixed questions of fact and
law is reviewed under the clearly erroneous standard because the
court's conclusions are dependent upon the facts and
circumstances of each case." State v. Miller, 105 Hawai i 394,
400, 98 P.3d 265, 271 (App. 2004). The Circuit Court's
determination of substantial prejudice to Moreno's due process
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right to a fair trial presents mixed questions of fact and law
and is reviewed for clear error.
Based on the record in this case, including the above,
we conclude that the Circuit Court did not clearly err in
concluding that Moreno showed substantial prejudice in
conjunction with the eighteen-year delay in the prosecution of
the case. In particular, the Circuit Court did not err in
concluding that the deaths of Dr. Manoukian, Dr. Hardman, Cuomo,
Lewis, Feigum, and Steele, as well as the memory loss or other
unavailability of multiple other witnesses resulted in the loss
of significant evidence that potentially corroborated Moreno's
statements and theories of the case, and foreclosed significant
avenues to challenge and defend against the State's case against
him.
The State also does not challenge the Circuit Court
findings and conclusions that the delay spanned over eighteen
years, no new evidence was found, and that it provided no express
reason or justification for the delay.
Accordingly, we conclude that the Circuit Court did not
err or abuse its discretion in balancing the actual substantial
prejudice established by Moreno against the State's explanation
for the delayed prosecution and dismissing the case.
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For these reasons, the Circuit Court's August 7, 2023
Dismissal Order is affirmed.
DATED: Honolulu, Hawai i, September 26, 2025.
On the briefs: /s/ Karen T. Nakasone Chief Judge Chad Kumagai, Deputy Prosecuting Attorney, /s/ Katherine G. Leonard County of Maui, Associate Judge for Plaintiff-Appellant. /s/ Clyde J. Wadsworth Matthew S. Kohm, Associate Judge for Defendant-Appellee.